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PEOPLE v. OLIVERI, JR.

46 A.D.3d 267 (2007)

847 N.Y.S.2d 172

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN OLIVERI, JR., Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 6, 2007.

Since, as the People concede, defendant's motion was timely, the court should not have summarily rejected it (see e.g. People v Gaillard, 252 A.D.2d 357 [1998]). Since the People also concede that they have a file-stamped copy of the motion, we conclude that the motion was properly filed. The People's present claim that they did not receive reasonable notice of the motion (see CPL...

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